A/HRC/35/35
consultations conducted in 2015 and 2016 and the expert group meeting held in February
2017, as well as significant reflection and research by the Independent Expert herself. The
goals of that process were to incorporate the perspectives of States, civil society and experts
into the draft declaration as appropriate, and to harmonize the document with the existing
framework of international law, particularly international human rights law.
50.
Throughout the draft declaration, the Independent Expert has incorporated reference
to language and concepts already agreed upon in established international legal documents,
including the Charter of the United Nations, the Universal Declaration of Human Rights
and the United Nations Framework Convention on Climate Change, in order to strengthen
the preamble of the draft text and further develop a well-founded legal framework for the
right to international solidarity.
51.
During the regional consultations, there was wide agreement that the title of the draft
declaration could be simplified to “Draft declaration on the right to international solidarity”,
because the rights holders — peoples and individuals — are clearly stated in the text of the
draft itself.
52.
The discussions at the expert group meeting included meaningful considerations on
the structure of the declaration as a whole, and on whether it would be best to first define
the right to international solidarity, since that was the subject of the declaration, or rather
begin with defining the broader concept of international solidarity before proceeding to the
substance of the right.
53.
The expert group meeting also included significant discussion on the relevance of a
draft declaration on international solidarity at a time of rising nationalism and
fragmentation around the world. Experts suggested that perhaps current events had truly
highlighted the need for the document, and also that a human rights-based vision of
international solidarity could create an alternative narrative to that of globalization, which
was increasingly perceived to be a harmful and entirely negative force. There was
unanimous recognition that, despite political sentiment that focused on divisions, humans
existed in a state of interconnectedness and interdependence and that there were global
challenges that could not be resolved without international solidarity.
A.
Preamble
54.
In accordance with the recommendations received during the regional consultations
and particularly during the expert group meeting, the Independent Expert has synchronized
the preamble to the draft declaration with the operational section of the text, providing a
solid context for the declaration while avoiding duplication.
55.
The Independent Expert has also ensured that the preamble reflects the full range of
international law that is based on international solidarity, adding specific references to
international humanitarian and refugee law, climate change law, labour law and other areas
of global concern, as well as regional treaties and covenants.
56.
At their group meeting, the experts carefully considered and discussed how best to
reflect the incorporation of international solidarity throughout international law, including
how to ensure that each area of law and each international instrument would be highlighted
appropriately, and how to ensure that the documents referenced would truly demonstrate
international solidarity.
B.
Definition, principles and objectives of international solidarity
57.
Following the recommendations made during the regional consultations and the
expert group meeting, the Independent Expert has sought to consolidate several articles
defining international solidarity. She has identified international solidarity as a foundational
principle underlying international law, and enumerated several related principles articulated
in international law that provide a basis for international solidarity.
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